Yellowstone National Park Essay -- Parks Recreation

Yellowstone National Park Yellowstone National Park is one of the largest and oldest national parks in American history. Yellowstone was the first park to be protected by private investment on March 1, 1872, and the first to be put under the jurisdiction of the National Park Service in 1918, no doubt due to its unique and inspiring landscape and geothermal features. In fact, Yellowstone National Park is home to half of the world’s total hydrothermal features. These awesome attractions draw an incredible amount of visitors, an average of two to three million each year, to Yellowstone’s immense landscape. The park has a total size of 28,125 square miles, is found in three distinct states, and is considered to be one of the largest intact temperate zone ecosystems in the world today (Yellowstone National Park Official Homepage). Following thousands of years of Native American occupation, the area now known as Yellowstone National Park was officially "discovered" by western-traveling fur traders and settlers, whose stories of bubbling mud and gushing geysers seemed at first to be delusional tall tales. Traffic increased to the area, however, and more and more Americans grew in awe of the area's hydrothermal features, wild animal and plant life, petrified trees, and impressive Yellowstone River and Lake. The area's intense and moving landscape soon moved president Ulysses S. Grant to sign the Yellowstone National Park Act on March 1, 1872, which protected the area from private development and placed it under the protection of the United States Army, who managed Yellowstone from 1886 to 1916. Yellowstone National Park sparked the creation of the National Park Service, and soon became the first national park in American his... ...as the first American national park to be founded for good reason – this dynamic and stirring area deserves to be conserved and enjoyed for decades to come. Works Cited: Appendix A: Common and Scientific Names. Retrieved April 20, 2004, http://www.fs.fed.us/rm/pubs/rmrs_gtr30/lynx_appA.pdf "History of the Park." Yellowstone Resources and Issues. National Park Service, 2003. 19-30. â€Å"Greater Yellowstone Ecosystem.† Yellowstone Resources and Issues. National Park Service, 2003. 31-52 Schullery, Paul and John D. Varley. Yellowstone Center for Resources. The Yellowstone Lake Crisis: Confronting a Lake Trout Invasion. 1995. Retrieved March 8, 2004, http://www.nps.gov/yell/publications/pdfs/laketrout2.pdf Yellowstone National Park Official Webpage. National Park Service. Retrieved April 20, 2004, http://www.nps.gov/yell/indes.htm

How values are mediated through policy, social experiences

This assignment will discourse issues around citizenship instruction and how the values are mediated through policy, societal experiences and reflected in educational practice. Other arguments which will be included in the essay are as follows: definitions of CE, history behind citizenship instruction, why this was this introduced in schools, teacher position on citizenship instruction and the intent of this topic. Another position will be what kids will larn from analyzing citizenship instruction in schools and how the instructor can efficaciously learn citizenship in schools. There are figure of definitions of Citizenship Education which include: the Crick Report ( 1998, p.9 ) ‘citizenship has meant engagement in public personal businesss by those who had the rights of citizens: to take portion in public argument and, straight or indirectly, in determining the Torahs and determinations of a province ‘ . Another definition of citizenship is: Collins ( 2008 p.1 ) ‘citizenship instruction is about assisting immature people to understand their rights and duties, to understand how society works, and to play an active function in society ‘ . A different definition of citizenship instruction Skelton, Francis and Smulyan ( 2006 p.286-287 ) ‘tends to intend that school pupils are taught about representative democracy and parliamentary political relations ‘ . From these definitions it can be seen that the chief countries that are involved in citizenship instruction are political relations and the individual ‘s function in s ociety. On the other manus citizenship takes on more political point of position and it is more argument based. Citizenship instruction is besides to make with larning to take part, continue the jurisprudence, put others before your ego, to run into your duties. Prosecute in political action, act morally and esteem all in a pluralist society. However, in 1964 the Association for Teaching the Social Sciences ( ATSS ) was founded at the Institute of Education, University of London, which was to advance societal scientific discipline learning in schools. The topics included in this were sociology, economic sciences and political scientific discipline. During this clip Bernard Crick was interested in discoursing ways of acquiring political relations in secondary schools and the benefits of this for the students. Cairns, Gardner and Lawton ( 2004 p.11 ) have looked at this farther ‘At some phase all immature people. . . should derive some consciousness of what political relations is about ‘ . Crick subsequently became active in a course of study undertaking financed by the Hansard Society called the Programme for Political Literacy that produced a study: ‘Political Education and Political Literacy ‘ ( Hansard, 1978 ) ‘ . Due to a alteration in authorities at that clip prevented this study from bei ng published otherwise UK could hold seen citizenship instruction in the course of study. Cairns, Gardner and Lawton ( 2004 p.11 ) province: ‘unfortunately, the alteration of authorities in 1979 prevented any immediate action: most Conservatives were so leery of political instruction – ‘citizenship instruction ‘ might hold been more acceptable ‘ . Significantly in the 1990 ‘s there was a concern over deficiency of involvement towards political relations by the young person, so the authorities had to step in and make something to work out this job. As a consequence the authorities introduced citizenship instruction to give kids more consciousness of political activities, as some statistical information, showed grounds why first clip electors, do non vote during elections. The Crick study ( 1998, p.15 ) stated: ‘A MORI study for the News of the World in March 1997 on first-time electors found that 28 per cent said they would non vote or were improbable to, 55 per cent said that they were non interested or could non be bothered, 17 per cent said that it would non do any difference, and 10 per cent said they did non swear any politicians ‘ . I agree with this statement because some people today do non vote during elections. So if the kids are taught the importance of political relations and voting during elections, they may acquire a better apprehension through citizenship. Chiefly the Crick Report which was introduced in 1998 to sketch the principle and indispensable purposes of instruction for citizenship. The Crick Report ( 1998, p.13 ) states that it is a â€Å" critical and distinguishable statutory portion of the course of study, an entitlement for all students in its ain right†¦ Citizenship instruction can be enhanced by and do important parts to – every bit good as draw upon – other topics and facets of the course of study. † In the Crick Report ( 1998 ) there is merely a brief reference of RE and how it can be used to research moral and societal concerns. Alternatively there has been some unfavorable judgment on the Crick Report this has been examined by Faulks ( 2006, p.60 ) who suggests that ‘The chief failings of the Crick Report can be understood in footings of its abstract construct of citizenship. The Crick Report fails, in peculiar, to give due consideration to the institutional and societal constructions that form the context of citizenship and which, if ignored, must needfully restrict the effectual bringing of an inclusive citizenship instruction ‘ . I agree with this statement because schools find it hard to learn this lesson efficaciously due to miss counsel. But on the other manus there is counsel for instructors on learning citizenship instruction such as the national course of study. However during a conference there were suggestions of other importance of citizenship harmonizing to Rooney ( 2007 ) it can assist halt household dislocations, do communities stronger besides underpin societal coherence. This is critical because there will be less force on the streets, there will be more regard for other civilizations besides more people will be happier. This can be linked to Freire thought on duologue which he suggests involves regard and working with one another. He believes this is of import because it will develop community and construct societal capital. Since August 2002 in primary schools, citizenship instruction, is non statutory but it is still taught. However for secondary schools citizenship instruction is statutory for Key Stages 3 and 4. Citizenship is a separate topic to PSHE ( Personal, Social, Health & A ; Education ) but this is a little portion of citizenship. It besides has its ain capable content of survey, farther more citizenship can be chosen as a GCSE short class. In September 2009 citizenship became a full GCSE and A degree. Assessment in citizenship should concentrate on the advancement of kids ‘s development of accomplishments and cognition and apprehension of the topic. QCA besides known as Qualifications and Curriculum Authority ( 2001, p.16 ) states ‘Assessment in citizenship should be active and participatory, turn toing advancement in pupils ‘development of accomplishments and action every bit good as cognition and understanding ‘ . In fact from analyzing citizenship kids will larn a bout rights, duties, authorities, democracy, diverse nature of society. Furthermore the intent of citizenship instruction in schools is critical because, the kids can larn about political relations, rights the kids are entitled to such as the right to instruction and how to be a good citizen in society. The Crick Report ( 1998, p.40 ) examined the benefits of citizenship instruction ‘in schools and colleges is to do secure and to increase the cognition, accomplishments and values relevant to the nature and patterns of participative democracy ‘ . Another benefit of citizenship is to heighten consciousness of rights and responsibilities besides the duties needed for kids to be active citizens. This will give value to the kid, schools and society of engagement in the local and wider community. There are three chief strands of survey in citizenship suggested by Crick in his Crick Report are as follows: foremost Social and moral duty – which is to make with kids larning form the really first, self-confidence and socially and morally respons ible for their behavior both in and beyond the schoolroom, both towards those in authorization and towards each other ( this is an indispensable pre-condition for citizenship ) . Secondly community engagement -which involves kids larning about and going helpfully involved in the life and concerns of their communities, including larning through community engagement and service to the community. Third it will learn kids on political literacy – this is when the kid is larning approximately and how to do themselves effectual in public life through cognition, accomplishments and values. Other thoughts on citizenship Kiwan ( 2008 p.41 ) states ‘citizenship instruction should turn to the apprehension of morality cutting across the public / private sphere differentiation ‘ . Citizenship instruction is of import in schools because it helps kids value engagement and in promoting students to go more involved in a scope of issues. So instructors must non merely state pupils t o vote but acquire the kids to debate on issues. Most significantly citizenship instruction in the national course of study gives pupils the cognition, understanding and accomplishments to enable them to take part in society as active citizens of a democracy. This is besides enables kids to be informed, critical and responsible and to be cognizant of their responsibilities and rights. Citizenship instruction provides a model which promotes the societal, moral and cultural development of students enabling them to go more self-assured and responsible in and beyond the schoolroom. Citizenship instruction encourages pupils to go helpfully involved in the life of their schools, vicinities, communities and the wider universe. Citizenship instruction promotes kids ‘s political and economic literacy through larning about the economic system and the democratic establishments. Citizenship helps pupils to derive a temperament for brooding treatment. There are several ways of learning Citizenship depending on the school: it can be taught as a cross curricular activity, suspended timetable yearss, coach or tutorial times, distinct lessons or a combination of all. Examples of activities the instructor can make with kids during citizenship lessons include: arguments on current issues such as moral and societal issues, or a choice of newspaper articles can be examined. Sing ‘people who can assist us ‘ , an activity where the kids can pull a image of them egos and insight composing around people who help them. Another illustration of an activity is the trade game, this is where kids represent different members of the community for illustration mill worker and foremans and so forth so you will be given a budget and you will necessitate to happen ways of apportioning the money. Another illustration can be a treatment on the political election this can be done by the instructor explicating how local and national elections tak e topographic point, explain the democracy in this state so the kids choose three or more persons to stand for the chief political parties so these kids can make a address for the category which will develop the kids ‘s ego assurance. Furthermore the instruction of citizenship is bettering, and there are now better chances for preparation, but in about 25 % of schools inspected in 2005/06 the proviso was found to be unequal. This per centum has reduced to 10 % when inspected. Many schools had non yet implemented full programme of citizenship across cardinal phases 3 and 4, and that misconceptions remain about what should be included in citizenship instruction ( Ofsted 2005-2006 ) . Other facets to see are the resources are available for learning citizenship instruction, schools have been given the resources but they do non ever use them really good. As Ofsted ( 2006, p.37 ) provinces: ‘citizenship has good resources in copiousness, but frequently they are non used ‘ . Ofsted found that Primary schools were judged as really strong with 21 out of 23 schools acquiring good or outstanding. Even though citizenship is non statutory in primary schools they still teach it good. This subdivision will discourse the statements for citizenship instruction including: the fact that the kids can derive cognition of how to be good citizens in society. The other plus side of the argument can be increased consciousness of the local community ; greater tolerance ; and a part to kids ‘s ability to do determinations. Whereas the statements against citizenship instruction are that: it will be excess work for the school and staff to program for the topic. Besides some instructors do non hold adequate cognition in this country to present to kids. So they will necessitate to be trained to develop their accomplishments on citizenship. There will be arguments on execution of citizenship instruction, how you are traveling to learn citizenship because, the course of study is overloaded and other topics may be dropped to do clip for this lesson. The chief argument environing this will be who is traveling to learn the topic in schools. Ofsted ( 2010 p.18-19 ) suggests that the failings in citizenship instruction include ‘weakness in instructor capable cognition ; hapless planning, misconstruing about the topographic point of citizenship in the course of study ‘ . Another failing found in the study is: ‘weak capable cognition ; usage of inappropriate learning methods ‘ . Another factor that affects citizenship instruction was the ‘lack of apprehension and assurance to learn citizenship ‘ . But will citizenship instruction stay in the course of study because there is a batch of guess around this docket. Harmonizing to Richardson ( 2010 ) ‘The Association for Citizenship Teaching says it understands the topic will be made non-statutory in the coming curriculum reorganization ‘ . Besides in the white paper ‘the importance of learning ‘ there is no reference of citizenship instruction in this papers but they do discourse PSHE it this papers. So from this the hereafter of citizenship instruction looks black unless people run to salvage this from go oning. In my sentiment I think that citizenship should and should non be portion of the course of study because it is the lone topic that educates kids about political relations. On the other manus this topic should non be in the course of study because kids find this topic drilling and they merely muss around in these lessons. If this happens it will do UK the least political literate. This subdivision will discourse the positions of those learning spiritual instruction are: that adding another lesson such as citizenship in the course of study, will give less clip for spiritual instruction to be taught to pupils. Broadbent and Brown ( 2002 p.174 ) ‘concerns expressed by instructors of spiritual instruction that the inclusion of distinct lessons of PSHE and citizenship instruction might badly infringe upon curriculum clip hitherto allotted to RE ‘ . In contrast to this argument Citizenship instruction will non impact the position of spiritual instruction in the course of study. Blunkett states ‘religious instruction ‘s place in the course of study will stay unchanged ( Watson 2004, p.260 ) . The other side of the argument could be acquiring rid of spiritual instruction. Watson. ( 2004, p.260 ) recommends the replacing of spiritual instruction with citizenship instruction in province schools. However the positions of those learning citizenship in schools are that it is of import for kids to understand and esteem themselves and others. Trusting others and holding high ego assurance when in treatment and debating with one another is of import. However some are disquieted it could turn into a civic lesson. Some instructors wanted citizenship to replace spiritual instruction because we can learn these values in citizenship of being of good citizen in society. My experience of citizenship in schools was non really good because we did non larn about this topic but we did analyze PSHE which was during tutorials. Throughout this period we carried out activities such as worksheets on drugs and sex instruction. We did non larn approximately political facets or how to be good citizens in this lesson and we did non hold arguments on issues. I have besides enclosed a school timetable on how citizenship instruction is included in the course of study. From looking at the timetable they teach citizenship as an person topic, which is taught every hebdomad for one hr. When I asked some students what they thought of citizenship about all the students I asked said that it is deadening and the lone thing the category did was misbehave and muss about in this lesson. Rutter ( 2002, p.76 ) suggests that ‘pupil motive towards citizenship instruction is hapless ‘ . They besides told me that the instructor did non care that kids were misconducting i n category. The ground for this could be that the instructor whom was learning this talk was non a specializer instructor in this field but I found that she was a scientific discipline instructor asked to learn this lesson. Harmonizing to Rutter most schools citizenship instruction Idaho taught by non specializer whom have no experience in learning societal scientific disciplines. In decision citizenship will learn the political side of the position point and about society. Since Watson ( 2004, p.267 ) argues that ‘citizenship instruction while educating for citizenship in its ain right by developing apprehension of our society and peculiar parts spiritual argument can do to the development of the active citizen ‘ . Citizenship instruction has a figure of failings as discussed in this assignment antecedently. But the chief 1s are that there are few specializer instructors which lead the school to inquire non specializer instructors to learn this lesson and these instructors lack cognition in this country.

Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

Exam Study Guide Essay

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